Criminal Law (Memory Aid)

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 1)
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FUNDAMENTAL PRINCIPLES

Criminal Law
branch of public law which defines criminal offenses and prescribes specific punishment for them

Ex-Post Facto Law when it makes an act or omission criminal which when committed was not yet so
1. statutes that make an act punishable as a crime when such act was not an offense when committed;
2. laws which, while not creating new offenses, aggravate the seriousness of a crime;
3. statutes which prescribe greater punishment for a crime already committed;
4. laws which alter the rules of evidence so as to make it substantially easier to convict a defendant
5. alters, in relation to the offense or its consequences, the situation of a person to his disadvantage
6. assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was
lawful
7. deprives a person accused of crime of some lawful protection to which he has become entitled, such as the protection of a
former conviction or acquittal, or a proclamation of amnesty

Characteristics of a Penal Law
Generality penal law is binding on all persons who reside or sojourn in RP whether citizens or not
Territoriality law is applicable to all crimes committed within the limits of Philippine territory
exceptions: preferential laws and treaties and Article 2, RPC
Prospectivity laws should have only prospective application, unless favorable to offender not a habitual delinquent

Philosophies in Criminal Law
Classical or Juristic Positivist or Realistic
Basis of
Criminal
Liability
Human free will Man is inherently good,
but the offender is
socially sick
Purpose of
Penalty
Attribution Reformation
Determination
of Penalty
Specific and
predetermined penalty
Individual examination of
the offender
Emphasis Offense Offender

Equipoise Rule
If evidence of the prosecution and defense are equally balanced, the scale should be tilted in favor of the accused

Actus non facit reum nisi mens sit rea
Act cannot be criminal unless the mind is criminal

Classification of Crimes
1. as to commission
a. dolo
b. culpa
2. as to stage of execution
a. attempted offender commences the commission of a felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance
b. frustrated offender performs all acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the perpetrator
c. consummated all the elements necessary for its execution and accomplishment are present
3. as to stage of execution
a. formal felonies always consummated
b. material felonies have various stages of execution
c. those crimes which do not admit of a frustrated stage
4. as to gravity
a. grave felonies
b. less grave felonies
c. light felonies
5. as to count
a. composite
b. compound
c. complex
d. continued
e. continuing
6. as to nature
a. mala in se acts or omissions that are inherently evil
b. mala prohibita acts made evil because there is a law prohibiting the same
Mala in Se Mala Prohibita
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Moral trait good faith or lack of
criminal intent is a defense
Voluntariness good faith or lack
of criminal intent not a defense
Modifying circumstances, degree
of participation and stage of
accomplishment taken into
account
Modifying circumstances, degree
of participation and stage of
accomplishment NOT taken into
account
Moral turpitude Not moral turpitude
RPC Special penal laws

Heinous Crime grievous, odious and hateful offense which by reason of its inherent or manifest wickedness, viciousness, atrocity
and perversity, is regarded as seriously outrageous to the common standards or norms of decency and morality in a just, civil ized
and orderly society

Effect of Repeal of Penal Law
1. absolute or total repeal or express repeal
a. case is pending dismissal; crime decriminalized
b. already convicted or serving sentence released if not habitual delinquent or if law provides that detention is to continue
2. partial/relative/implied repeal or repeal by re-enactment
a. first law to govern habitual delinquent or favorable law prohibits retroactivity
b. second law to govern favorable to offender not a habitual delinquent or law is silent as to retroactivity

DATE AND EFFECTIVENESS AND
APPLICATION OF PROVISIONS OF RPC

Scopes of Application of RPC
Intra-territorial application
Extraterritorial application Article 2

Extraterritorial Application
1. commit an offense while on Philippine ship or airship
2. forge or counterfeit any coin or currency note of RP or obligations and securities issued by RP
3. liable for acts connected with introduction into RP of #2
4. while being public officers or employees, commit an offense in the exercise of their functions
5. commit any of the crimes against national security and the law of nations
a. treason, conspiracy to commit treason, misprision of treason
b. espionage
c. inciting to war or giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight to enemys
country
d. piracy in general and mutiny, qualified piracy

Rules on Vessels
Philippine ship/airship on high seas Philippine laws
Philippine ship/airship in territory of another state subject to laws of that state
Philippine warship wherever it is, subject to Philippine laws
English Rule host country has jurisdiction over crimes committed in the vessel
unless they involve the internal management of the vessel
French Rule recognizes the jurisdiction of the flag country over crimes committed within the vessel
except if crime disturbs the peace and order of the host country

FELONIES

Definitions (Article 3)
Felonies acts or omissions punishable by law
Offenses crimes involving special laws
Infractions acts violating municipal or city ordinances

How Felonies are Committed
Deceit (dolo) Fault (culpa)
Deliberate intent Imprudence, negligence, lack of
foresight or lack of skills
Freedom of action
Intelligence
Intent
Freedom of action
Intelligence
Negligence, imprudence, lack of
foresight, lack of skill

Intent
Use of a particular means to effect the desired result
Demonstrated by the overt acts of a person

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GR: criminal intent is presumed (general intent)
Except: where intent is an element of the crime (specific intent), the intent cannot be presumed but must be established

Motive
Moving power/force impelling a person to a desired result

GR: motive is immaterial
Except: 1) Act brings about variant crimes
2) Doubt whether accused committed crime
3) Identity of accused is doubtful
4) Evidence is purely circumstantial
5) To determine if direct assault is committed when he is not in the performance of his official duties

Factors that Affect Intent
Mistake of Fact had the facts been true to the belief of the offender, that act he did can be justified; exempting
Aberratio Ictus mistake in the victim of the blow; three persons (offender, intended victim, actual victim); may result in
complex crime or two felonies
Mistake in Identity/Error in Personae only one victim but offender committed a mistake in ascertaining identity of victim; if
same crime results, liable for same crime; if different crime results, apply Article 49
Praeter Intentionem injury is on the intended victim but the resulting consequence is so grave a wrong than what was
intended; mitigating circumstance
Proximate cause the cause, in its natural and continuous sequence, unbroken by an efficient intervening cause, produces the
injury and without which the result would not have occurred

Effect on Intent Effect on Criminal
Liability
Mistake of
Fact
Negatives criminal intent Negatives criminal
liability
Aberratio Ictus Intended result falls on
another person which may
be in addition to the injury
on the originally intended
victim
Increases criminal
liability which
generally results in a
complex crime
Error in
Personae
Intended result falls on
another due to the error in
the identity of the victim
May be extenuating
or of no effect
depending on the
resulting crime
Praeter
Intentionem
Actual crime committed
greater than that intended
Mitigating
Proximate
Cause
Results in a crime Criminal liability
results

Those Liable for Felonies (Article 4)
1. those who commit a felony, although the wrongful act done is different from that which he intended
a. a felony is committed
b. wrong done must be the direct, natural, and logical consequence of the felony committed even though different from that
intended
2. those that do not actually commit a felony, but perform an act which would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means
(impossible crime)

Impossible Crime act cannot produce an offense against persons or property because:
1. commission of offense is inherently impossible of accomplishment, or
2. means employed is either inadequate or Ineffective

Impossibility
legal impossibility the intended act, even if completed would not amount to a crime
factual or physical impossibility extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime

SPECIAL DUTIES OF THE COURT

Duties (Article 5)
Acts which should be repressed but which are not covered by the law render proper decision, and report to Chief Executive,
thru DOJ, the reasons why said act should be made the subject of penal legislation
Excessive penalties execute sentence, and also report as above why strict enforcement of RPC would result in the imposition
of excessive penalty, taking into consideration degree of malice and the injury caused by the offense.

CONSUMMATED, FRUSTRATED AND ATTEMPTED CRIMES

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Crimes According to Stage of Execution (Article 6)
attempted offender commences commission of a felony directly by overt acts, and does not perform all acts of execution
which should produce felony by reason of some cause/accident other than spontaneous desistance
frustrated offender performs all the acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the perpetrator
consummated all the elements necessary for its execution and accomplishment are present

Crimes that do not admit of Frustrated Stage
rape, arson, corruption of public officers, adultery, physical injury

Distinguishing between Attempted and Frustrated
Attempted Frustrated
Not all acts of execution done All acts of execution performed
Felony not produced due to cause
or accident other than offenders
own spontaneous desistance
Felony was frustrated due to some
cause independent of the will of the
perpetrator
Still in subjective phase Already in objective phase

Felonies according to Severity (Articles 7 and 9)
grave felonies
less grave felonies
light felonies

Grave Felonies Less Grave Felonies Light Felonies
Capital punishment
or afflictive penalties
in any period
Penalties which in their
maximum period are
correctional
Arresto menor or a fine
NOT EXCEEDING P200,
or both
Punishable in any of the stages GR: punishable only
when consummated
Except: crimes against
persons or property
All participants are punishable Only principals and
accomplices
punishable

Significance of Classifying Felonies according to Severity
complex crime
duration of subsidiary penalty
duration of detention in case of failure to post bond to keep the peace
prescription of the crime
proper penalty for quasi-offenses

CONSPIRACY AND PROPOSAL TO COMMIT FELONY

Proposal (Article 8)
when the person who has decided to commit a felony proposes its execution to some other person or persons

Conspiracy (Article 8)
two or more persons come to an agreement concerning the commission of a felony and decide to commit it
must be proved beyond reasonable doubt

Concepts of Conspiracy
1. as a crime by itself
2. as a means of committing the crime
a. express actual pre-agreement or planning stage
b. implied offenders acted in concert during the commission; deducible from mode and manner

Rule on Conspiracy
GR: liability of conspirators is only for the crime agreed upon
Except: when all the conspirators are liable even if the crime committed was not agreed upon
the other crime was committed in their presence and they did not prevent its commission
the other crime is the natural consequence of the crime planned (e.g. homicide resulting from physical injuries inflicted)
the resulting crime was a composite crime or special complex crime

Rules in Express and Implied Conspiracy
express conspiracy conspirator liable as long as he went to the scene and performed some overt act as a direct or indirect
contribution (active participation or moral assistance or exertion of moral ascendancy)
unless he is the mastermind
implied conspiracy conspirator must have participated in the commission of the crime; his mere presence or approval without
more will not make him liable
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Arias Doctrine
all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids,
purchase supplies, or enter negotiations

Offenses Not Subject to the Provisions of RPC

Rule on Offenses not Subject to RPC (Article 10)
Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code
shall be supplementary to such laws
unless the latter should specially provide the contrary.

GR: special laws are not subject to the provisions of RPC
Except: supplementary application whenever special law uses the nomenclature of penalties in RPC
JUSTIFYING AND EXEMPTING CIRCUMSTANCES

Circumstances that Affect Criminal Liability
1. justifying
2. exempting
3. mitigating
4. aggravating
5. alternative

Other Circumstances that Affect Criminal Liability
1. Absolutory exempting circumstances outside art. 12
2. Extenuating mitigating circumstances outside in art. 13

Examples of Exempting/Absolutory Circumstances
Instigation
Spontaneous desistance
except if overt act already constitutes another crime
Attempted/frustrated light felonies
except those against persons and property
Accessories in light felonies
Certain accessories in article 20
Physical injuries in art. 247
In theft, estafa and malicious mischief in art. 332
Somnambulism (sleepwalking)
Mistake of fact
Absolute repeal of penal law

Distinguish Instigation from Entrapment
Entrapment Instigation
Employment of ways and means to
trap or capture a lawbreaker in
flagrante delicto
Accused is lured into the
commission of the offense in order
to prosecute him
Mens rea originates from accused Mens rea originates from instigator
Not absolutory Absolutory
Consistent with public policy Not consistent
Trap for the unwary criminal Trap for the unwary innocent
Peace officer: no criminal liability Peace officer: principal by
inducement

Buy-Bust Operation
Form of entrapment which has been accepted as a valid means of arresting violators of the DDA

JUSTIFYING CIRCUMSTANCES

Concept
No crime, no criminal
No civil liability except in state of necessity

Justifying Circumstances under Article 11 (6)
1. Defense of Self (his person or rights)
a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it
c. lack of sufficient provocation on the part of the person defending himself
2. Defense of Relatives (spouse, ascendants, descendants or legitimate, natural or adopted brothers and sisters, or relative by
affinity in same degree, those by consanguinity within 4
th
civil degree)
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a. unlawful aggression;
b. reasonable necessity of the means employed to prevent or repel it; and
c. if provocation was given by the person attacked, that the one making the defense took no part therein
3. Defense of Strangers
a. unlawful aggression;
b. reasonable necessity of the means employed to prevent or repel it; and
c. that the person defending be not induced by revenge, resentment or other evil motive
4. State of necessity
a. evil sought to be avoided actually exists;
b. injury feared be greater than that done to avoid it;
c. no other practical, less harmful means to prevent it
5. Fulfillment of a duty
a. offender acted in the performance of a duty or the lawful exercise of a right or office; and
b. injury caused/offense committed is the necessary consequence of due performance of such right/office
6. Obedience to superior order
a. order has been issued by a superior;
b. order is for a legal purpose; and
c. means used to carry out such order is lawful

Defense of Self, of Relatives and of Strangers
Unlawful aggression mere threatening or intimidating attitude not sufficient; must be real or at least imminent
Reasonable necessity depends on circumstances, state of mind and available weapon
Lack of sufficient provocation provocation should not be sufficient and must not immediately precede the act

Effect of Incomplete Self Defense
Ordinary mitigating circumstance
Privileged mitigating circumstance majority of elements, including unlawful aggression

State of Necessity
Must not be caused by the negligence or violation of the law of the actor

EXEMPTING CIRCUMSTANCES

Concept
There is a crime, but no criminal
Civil liability except in accident and insuperable cause

Exempting Circumstances under Article 12 (7)
1. imbecility/insanity unless lucid interval
2. minority (*note new law 2006)
a. 9 and under exempted
b. Over 9 and under 15 exempted, unless with discernment
3. accident
a. accused was performing a lawful act with due care
b. the injury is caused by mere accident
c. there was no fault or intent of causing the injury
4. compulsion of irresistible force
a. force must be physical, must come from an outside source, and the accused must act not only without a will but even
against his will
b. actor must be reduced to a mere instrument such that the element of freedom is wanting
c. duress, force, fear or intimidation must be present, imminent, and impending and of such a nature as to induce a well -
grounded fear of death or serious bodily injury if the act is not done
5. impulse of uncontrollable fear
a. threat which caused the fear of an evil greater than or equal to that which accused was required to commit
b. it promised an evil of such gravity and imminence that the ordinary man would have succumbed to it
6. insuperable or lawful cause
a. failure to perform an act required by law
b. the failure is due to some lawful insuperable cause

Distinguishing Justifying from Exempting
Justifying Exempting
Act is within the bounds of law Act is criminal
No crime, no criminal Crime, no criminal
No civil liability Civil liability
Emphasis of law is on the act Emphasis of law is on actor

Insanity/Imbecility
requires complete deprivation of intelligence or reason
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does not include schizophrenia/dementia praecox (chronic mental disorder characterized by inability to distinguish between
fantasy and reality and often accompanied by hallucinations or delusions)

Tests for Insanity
Cognition Test complete deprivation of intelligence; exempting
Volition Test total deprivation of freedom of will; not exempting

Minority (*note effect of new law 2006)
1. 9 and under
2. over 9 but under 15 always entitled to at least 2 degrees lowering of penalty
3. 15 but under 18 entitled to reduction of penalty to next lower penalty but in the proper period; may apply for suspension of
sentence

Discernment
Not relevant to intent but to INTELLIGENCE

Procedure under PD 603 for Suspension of Sentence
Hearing on the evidence if court finds that youthful offender committed the acts charged, it will determine imposable penalty
and civil liability
Suspension of sentence upon application; YO committed to custody of DSWD until he reaches 18, or for a shorter period
Except YO who: (a) already enjoyed suspension; or (b) convicted of offense punishable by death/LI or (c) at the time sentence
is promulgated is already 18 and over
Dismissal in case of good behavior and capacity to be useful member of society
Pronouncement of judgment if (a) incorrigible or (b) willful failure to comply with conditions of rehab; or (c) continued stay in
training institution inadvisable
Upon reaching 18, court to determine: dismiss, pronounce judgment, grant probation if applied for

Accident
Occurrence that happens outside the sway of our will, and although it comes about thru some act of our will, lies beyond
bounds of humanly foreseeable consequences

MITIGATING CIRCUMSTANCES

Concept
Circumstances which shows lesser perversity of offender and are considered to lower penalty imposable generally to the
minimum period of penalty prescribed by law
Matters of defense (not alleged in information)

Classification and Effect on Penalty
Ordinary lowered to minimum period (except when there are 2 mitigating and no aggravating: lowered by 1 degree); can be
offset by generic aggravating circumstance; not considered in single indivisible penalties
Privileged lowered by 1 or more degrees; no offset
Special applies to a specific felony (e.g. concealing dishonor in abortion)

Mitigating Circumstances (Article 13)
1. Incomplete justifying or exempting circumstance
2. Age minority or over 70
3. Praeter intetionem (no intention to commit so grave a wrong as that committed)
4. Sufficient provocation or threat
5. Immediate vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender or voluntary confession
8. Deaf and dumb, blind or suffering some physical defect
9. Illness
10. Analogous circumstance

Praeter Intentionem
Requires great disparity between intent & consequences
Cannot be invoked if acts of accused are sufficient to bring about result intended
Not applicable to culpable felonies

Sufficient Provocation
Requisites: (a) provocation must be sufficient; (b) provocation must be immediate (no interval of time between provocation and
commission of crime); and (c) provocation must originate from offended party

Immediate Vindication
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Grave offense to offender, spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by
affinity within same degrees
Immediate means proximate (allows a lapse of time)

Passion and Obfuscation
Lawful sentiments
Offender has not regained normal equanimity

Voluntary Surrender and Voluntary Confession
Surrender: (1) offender has not been actually arrested; (2) he surrendered himself to person in authority; and (3) surrender
must be voluntary (spontaneous)
Confession: (1) made in open court; (2) spontaneously and unconditionally; and (3) prior to presentation of the evidence of
prosecution

Physical Defect
Relates to offense committed
Restricts means of action, defense, or communication

Illness
Diminish exercise of will-power
Without depriving him of consciousness of his acts

AGGRAVATING CIRCUMSTANCES

Concept
Offender shows greater perversity; penalty is increased
Article 14 is an exclusive list; alleged in the information

Kinds of Aggravating Circumstances
Generic applies generally to all crimes; can be offset by ordinary mitigating; increases penalty to maximum
Special/Specific applies to particular felony
Qualifying cannot be offset; changes nature of crime and designation of offense; must be alleged; must be proved beyond
reasonable doubt

Aggravating Circumstances (Article 14)
1. Abuse of official position
2. In contempt of or insult to public authorities
3. Insult or disregard of respect (rank, age, or sex); Dwelling
4. Abuse of confidence or obvious ungratefulness
5. Palace of chief executive, in his presence, or where public authorities are engaged in discharge of duties, or place dedicated to
religious worship
6. Nocturnity, uninhabited place, band
7. Calamity or misfortune
8. Aid of armed men or persons who insure/afford impunity
9. Recidivism
10. Reiteracion, Habitual delinquency, Quasi-recidivism
11. Price, reward, promise
12. Inundation, fire, poison, explosion, etc. or any artifice involving great waste and ruin
13. Evident premeditation
14. Craft, fraud, disguise
15. Superior strength or means employed to weaken defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Breaking of wall, roof, door, window
20. Aid of minors, use of motor vehicles
21. Cruelty
Abuse of Official Position
In connection with the duties of his office
Advantage must be taken of the public position

In Contempt of or Insult to Public Authorities
Elements: (a) PA is engaged in discharge of his duties; (b) he is not the person against whom crime is committed, otherwise
direct assault; (c) crime committed in his presence; and (d) offender knows that he is a PA
Person in Authority vested with jurisdiction/authority to maintain peace & order (e.g. barangay chairman)

Rank, Age, Sex, Dwelling
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Considered as one if all are present in particular case
Cannot co-exist with passion and obfuscation
Considered in crimes against persons, security or honor, but not in crimes against property

Dwelling
Not appreciated: offended has given provocation, both offended and offender live there, or inherent in crime, in case of
treachery
Building or structure used exclusively for rest and comfort, includes dependencies, staircases, and enclosures under the house
Offender need not enter as long as the victim is inside

Abuse of Confidence or Obvious Ungratefulness
Requisites: (a) trust; (b) offender abused trust; and (c) such abuse facilitated commission of crime
Confidence must be immediate and personal

Palace of Chief Executive, etc.
Palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a
place dedicated to religious worship
Places must have been sought out for the commission

Nocturnity, Uninhabited Place, Band
Circumstances must have facilitated commission

Nocturnity
Appreciated: (a) especially sought by offender; (b) taken advantage of by him; (c) facilitated commission of rime; and (d) pl ace
was not illuminated
Nighttime period from sunset to sunrise
Must be committed exclusively at nighttime

Uninhabited Place
Determined not solely by distance of nearest house but also whether there was possibility of receiving help

Band
Band whenever four or more armed malefactors shall have acted together in the commission of an offense

Calamity or Misfortune
On the occasion of conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune
Excludes acts of men
Aid of Armed Men or Persons who Insure/Afford Impunity
Elements: (a) armed men or persons took part in commission of crime, directly or indirectly; and (b) accused availed of their aid
or relied upon them
Armed men as distinguished from band: armed men are accomplices and number of armed men is not considered

Habituality
Recidivism at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime in the
same title of the Code
Reiteracion offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for
2 or more crimes to which it attaches a lighter penalty
Habitual Delinquency if within 10 years from last release/conviction of crimes of serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty of any of said crimes a 3
rd
time or oftener
Quasi-Recidivism previously convicted by final judgment and before beginning to serve such sentence, or while serving the
same, offender committed a felony

Recidivism Reiteracion Habitual
Delinquency
Quasi-
Recidivism
Generic Generic Special Special
Imprescriptible Imprescriptible 10 years Before
beginning
sentence or
during service
Previous
conviction by
final judgment
(at least 2
convictions)
Service of
sentence
Date of release
or last
conviction (at
least 3
convictions)
Previous
conviction by
final judgment
Both crimes
embraced by
same title
Prior crime
must have been
penalized with
equal or
greater penalty
or 2 or more
crimes with
Serious or less
serious physical
injuries
Robo (robbery)
Hurto (theft)
Estafa
Falsification
No specification
as to felony
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lighter penalty
Imposition of
incremental
penalty
(additional
penalty to that
imposed for the
crime actually
committed)
In addition to
circumstance of
habitual
delinquency,
imposition of
maximum
period of
penalty
prescribed for
the new felony

Price, Reward, Promise
Offeror principal by inducement
Acceptor principal by direct participation

Evident Premeditation
Requisites: (a) time when offender determined to commit the crime; (b) act manifestly indicating that he has clung to his
determination; (c) sufficient lapse to time between such determination and execution to allow him to reflect upon the
consequences of his act

Craft, Fraud, Disguise
Craft cunning or intellectual trickery or chicanery resorted to by the accused to carry out his evil design
Fraud constitutes deceit and is manifested by insidious words or machinations

Abuse of Superior Strength/Means to Weaken Defense
Superior strength intentionally employing excessive force out of proportion to means of defense available

Treachery (Alevosia)
Employing means, methods, or forms in the execution which tend directly and especially to insure its execution, without risk to
himself arising from the defense which the offended party might make
Requisites: (a) insure that offended at the time of attack was not in a position to put up any defense, not even token defense;
and (b) the means, manner, and form was consciously and deliberately chosen
Must be present at the inception of the attack and it must be a continuous attack
Applicable only to crimes against PERSONS

Ignominy and Cruelty
Ignominy moral circumstance with adds disgrace to the material injury of the crime; moral suffering
Cruelty wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its
commission; physical suffering

Unlawful Entry/Breaking of Wall
Unlawful entry when an entrance is effected by a way not intended for that purpose
excludes ingress by means of such breaking as this would fall under breaking of wall, etc.
Breaking covers: wall, roof, floor, door, or window

Aid of Minors, Use of Motor Vehicles
Minor must be under 15
Motor vehicle used to facilitate commission of the offense
not when it is used as a means of escape
Covers motor vehicles, motorized watercraft, airships, or other similar means

ALTERNATIVE CIRCUMSTANCES

Alternative Circumstances
Relationship be taken into consideration when the offended party is spouse, ascendant, descendant, legitimate, natural, or
adopted brother or sister, or relative by affinity in the same degrees

Intoxication
Mitigating when offender has committed a felony in a state of intoxication, when not habitual;
Aggravating if intoxication is habitual or intentional

Education

PERSONS CRIMINALLY LIABLE FOR FELONIES

Persons Criminally Liable for Felonies (Article 16)
Grave and Less Grave Felonies Principals, Accomplices and Accessories
Light Felonies Principals and Accomplices
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Principals (Article 17)
1. Principals by Direct Participation take a direct part in the execution of the act; materially execute the crime
2. Principals by Inducement directly force/induce others; intends that his inducement should be obeyed
3. Principals by Indispensable Cooperation cooperate in offense by another act without which it would not have been
accomplished

Accomplices (Article 18)
Those who, not being included in art. 17, cooperate in the execution of the offense by previous or simultaneous acts
Elements: (a) takes part by previous or simultaneous acts; and (b) intends to take part in commission of the crime

Comparison between Principal and Accomplice
Principal Accomplice
Principal by Inducement wills
that his inducement be obeyed by
exerting influence or moral
ascendancy
Inducement or utterance is
unnecessary
Cooperation of principal is
indispensable
Cooperation is minor
Act before or during commission of crime

Accessories (Article 19)
Having knowledge of the commission of the crime, and without having participated therein, take part subsequent to its
commission

Manner of Participation:
By profiting themselves or assisting the offender to profit by the effects of the crime
By concealing or destroying the body of the crime, or the effects/instruments, in order to prevent its discovery
By harboring, concealing, or assisting in the escape of the PRINCIPAL of the crime
Public officer: acts with abuse of his public functions;
Private individual: only when author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty of some other crime.

Body of the Crime (corpus delicti)
Body or substance of the crime
Elements: (a) proof of the occurrence of a certain event; and (b) some persons criminal responsibility

Accessories Exempt from Criminal Liability
GR: Penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers & sisters, or relatives by affinity within same degrees
Exception: accessories falling within provisions of 1 of Article 19 (profiting themselves or assisting offender to profit)

Comparison between Accomplice and Accessory

Accomplice Accessory
Before or during Subsequent
Knows of criminal design Knows of commission of offense
Not in a manner indispensable to
offense
The 3 ways in article 19
No exemption from liability Exemption under article 20

PENALTIES

Penalties
Punishment imposed by lawful authority upon a person who commits a deliberate or negligent act

General Principles
No felony shall be punishable by any penalty not prescribed by law prior to its commission (Article 21)
GR: retroactivity of penal laws insofar as they favor the person guilty of a felony (Article 22)
Except: habitual criminal
GR: appeal taken by one or more of several accused shall not affect those who did not appeal
Except: insofar as the judgment is favorable and applicable

Pardon by offended party (Article 23)
GR: pardon by offended party does not extinguish criminal action but civil liability with regard to the interest of the injured party is
extinguished by his express waiver
Except: pardon extinguishes criminal liability in Article 344 (seduction, abduction, acts of lasciviousness) of offender, co-
principals, accomplices and accessories after the fact

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Measures Not Considered as Penalties (Article 24)
1. Arrest and temporary detention of accused persons and detention due to insanity, imbecility, or illness requiring their
confinement in a hospital.
2. Commitment of a minor
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may
impose upon their subordinates.
5. Deprivation of rights and reparations which the civil law may establish in penal form

CLASSIFICATION OF PENALTIES

Penalties under the RPC
Graduated according to severity
Divided into periods unless indivisible
Classified into principal or accessory penalties
Deemed imposed for consummated crimes against principal offenders

Classification of Penalties (Article 25)
Article 25 Article 70 Article 71
Principal and Accessory Successive Service
of Sentences
(Severity)
For Purposes of
Graduating
Penalties
Principal Penalties
Capital punishment:
Death

Afflictive penalties:
Reclusion perpetua
Reclusion temporal
PAD or TAD
PSD or TSD
Prision mayor

Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro

Light penalties:
Arresto menor
Public censure.

Penalties common to the
three preceding classes:
Fine, and
Bond to keep the peace

Accessory Penalties
PAD or TAD,
PSD or TSD,
Suspension from public
office, the right to vote and
be voted for, the profession
or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of
instruments and proceeds of
the offense,
Payment of costs.

1. Death,
2. RP,
3. RT,
4. PM,
5. PC,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. PAD,
10. TAD.
11. Suspension
from public office,
the right to vote
and be voted for,
the right to follow
a profession or
calling, and
12. Public censure.

SCALE NO. 1
1. Death,
2. RP,
3. RT,
4. PM,
5. PC,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.

SCALE NO. 2
1. PAD,
2. TAD
3. Suspension
from public office,
the right to vote
and be voted for,
the right to follow
a profession or
calling,
4. Public censure,
5. Fine.

Principal and Accessory Penalties (Article 25)
Principal Penalties those specified in various provisions of Book II defining and imposing penalties on offenses
Accessory Penalties those which follow principal penalties by operation of law; need not be expressly stated in decision

Death Penalty (*note new law 2006)
Reimposed on December 31, 1993 (RA 7659)

Distinguishing Life Imprisonment from RP
Life Imprisonment Reclusion Perpetua
Special law RPC
No fixed duration Fixed duration
No accessory penalties Has accessory penalties

Page 13 of 22
Bond to Keep the Peace v. Bond for Good Behavior
Bond to Keep the Peace Bond for Good Behavior
Principal penalty which
nevertheless cannot be imposed
for lack of specific felony for which
it is attached
Penalty specifically applicable to
grave and light threat only
Failure to post: detention Failure to post: destierro
FINE

Fine under Article 9 and Article 26
Article 9 Article 26
Whether imposed as
single or alternative
penalty

Afflictive exceeds P6K
Correctional does not exceed P6K but
not less than P200

Light Less than P200 Not exceeding P200
Prescription of penalty Prescription of crime

DURATION AND EFFECT OF PENALTIES

Duration of Penalties
Penalty Duration
RP 20 years and 1 day to 40 years
RT 12 years and 1 day to 20 years
Prision mayor and temporary
disqualification
6 years and 1 day to 12 years,
except when disqualification is
imposed as accessory penalty
(duration shall be that of the
principal penalty)
Prision correccional, suspension,
and destierro
6 months and 1 day to 6 years,
except when suspension is imposed
as accessory penalty (duration
shall be that of the principal
penalty)
Arresto mayor 1 month and one day to 6 months
Arresto menor 1 day to 30 days
Bond to keep the peace Such period of time as the court
may determine

Reclusion Perpetua
In applying the 3 fold rule, the duration of perpetual penalties shall be 30 years
Offender becomes eligible for pardon after he has been imprisoned for at least 30 years, unless unworthy

Computation of Penalties (Article 28)
if offender in prison duration of temporary penalties computed from day of finality of judgment of conviction
if offender not in prison duration of penalty consisting of deprivation of liberty computed from the day offender is placed at
disposal of judicial authorities for enforcement; duration of other penalties computed from day on which he commences to
serve his sentence

Preventive Imprisonment
purpose: prevent flight of accused or his going into hiding
remedy in case maximum period reached: habeas corpus

Deduction of Preventive Imprisonment (Article 29)
1. Full credit if detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted
prisoners, except in the following cases:
a. Recidivists, or have been convicted previously twice or more times of any crime; and
b. Upon being summoned for execution of their sentence they have failed to surrender voluntarily.
2. 80% or 4/5 credit if detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners
Release in case of Preventive Imprisonment (Article 29)
If accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of
the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review
in case maximum penalty is destierro, he shall be released after 30 days of preventive imprisonment

EFFECTS OF PENALTIES

Penalty Effects (Articles 30-35)
PAD or TAD for
public office
1. deprivation of public offices and employments
held even if conferred by popular election
2. deprivation of right to vote in any election for
Page 14 of 22
any popular elective office or to be elected to such
office (if TAD, to last during term of sentence)
3. disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned (if TAD, to last during term of
sentence)
4. loss of all rights to retirement pay or other
pension for any office formerly held.
PSD or TSD for
public office,
profession or
calling
1. deprivation of office, employment, profession or
calling affected;
2. disqualification for holding similar offices or
employments either perpetually or during the term
of the sentence, according to the extent of such
disqualification.
PSD or TSD for
exercise of right of
suffrage
1. deprive offender perpetually or during term of
sentence, according to the nature of said penalty,
of the right to vote in any popular election for any
public office
2. deprivation of right to be elected to such office
3. not permitted to hold any public office during the
period of his disqualification
Suspension from
any public office,
profession or
calling or right to
suffrage
1. disqualify offender from holding such office or
exercising such profession or calling or right of
suffrage during the term of the sentence
2. disqualify offender from holding another having
similar functions during period of his suspension
Civil interdiction Deprive offender during the time of his sentence of
rights of:
1. parental authority, or guardianship, either as to
the person or property of any ward,
2. marital authority,
3. right to manage his property and
4. dispose of such property by any act or any
conveyance inter vivos
Effects of bond to
keep the peace
1. duty of offender to present 2 sufficient sureties
who shall undertake that such person will not
commit the offense sought to be prevented, and
that in case such offense be committed they will
pay the amount determined by the court in its
judgment, or otherwise to deposit such amount in
the office of the clerk of the court to guarantee said
undertaking.
2. court shall determine, according to its discretion,
the period of duration of the bond.
3. Failure to give bond: detained for a period not
exceeding 6 months (grave or less grave felony),
and not exceeding 30 days (light felony).

Effect of Pardon (Article 36)
GR: A pardon shall not work the restoration of the right to hold public office, or the right of suffrage
unless such rights be expressly restored by terms of the pardon
A pardon shall in no case exempt the culprit from the payment of the civil indemnity
Cost (Article 37)
shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts
previously determined by law or regulations in force, or amounts not subject to schedule

Order of Payment of Pecuniary Liabilities (Article 38)
1. reparation of the damage caused
2. indemnification of consequential damages
3. fine
4. costs of the proceedings

Fine
Pecuniary punishment imposed by a lawful tribunal upon a person convicted of a crime

SUBSIDIARY PENALTY

Subsidiary Penalty
Penalty that takes place of the fine for insolvent convicts
Court must expressly state that subsidiary penalty shall be served in case of insolvency
Penalty imposed must be susceptible of subsidiary penalty

Rules on Subsidiary Penalty (Article 39)
RATE: one day/P8, subject to the following rules according to principal penalty imposed:
Higher than PC no SI
Page 15 of 22
PC or arresto AND fine whichever is lower: 1/3 of the term of the sentence, 1 year, or quotient of fine divided by P8 (no
fraction or part of a day shall be counted against prisoner; prisoner to remain in prison until fine satisfied)
Only a FINE SI shall not exceed 6 months (grave or less grave felony), and not exceed 15 days (light felony)
Penalty not to be executed by confinement but is of fixed duration same deprivation as those of which principal penalty
consists, in accordance with the periods set above
Subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine if
his financial circumstances improve

Subsidiary Imprisonment Not Proper
Principal penalty imposed is more than prision correccional
Principal penalty consists in other than prison sentence which is not of fixed duration
Subsidiary penalty not expressly stated in sentence to take the place of fine in case of insolvency
Sentence imposed does not include fine
Convict has means to pay the fine

Penalties in which other Accessory Penalties are Inherent
Penalty Accessory Penalties
(Articles 40-45)
Death when not executed due to commutation or pardon: PAD
and civil interdiction during 30 years following the date of
sentence, unless such accessory penalties have been
expressly remitted in the pardon
RP civil interdiction for life or during the period of sentence as
the case may be, and PAD which the offender shall suffer
even though pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the pardon
RT Same as RP
PM TAD and PSD from right of suffrage which the offender
shall suffer although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the
pardon
PC Suspension from public office, from the right to follow a
profession or calling, and PSD from the right of suffrage, if
the duration of said imprisonment shall exceed 18 months.
The offender shall suffer the disqualification provided in
this article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the
pardon
Arresto
mayor
Suspension of the right to hold office and the right of
suffrage during the term of the sentence.
A Menor Same as Arresto mayor

Rule on Confiscation and Forfeiture of Proceeds or Instruments of the crime (Article 46)
Every penalty shall carry with it forfeiture of proceeds and instruments/tools with which it was committed.
Confiscated and forfeited in favor of the Government unless it is property of 3
rd
person not liable for the offense, but those not
subject of lawful commerce shall be destroyed.

APPLICATION OF PENALTIES

RULES FOR THE APPLICATION OF PENALTIES TO THE PERSONS CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE SAME

General Rule
penalty prescribed by law for the commission of a felony shall be imposed upon the principals (Article 46)
whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated
felony (Article 46)

Consummated, Frustrated and Attempted (Articles 50-57)
Principal Accomplice Accessory
Consummated 0 - 1 - 2
Frustrated - 1 - 2 - 3
Attempted - 2 - 3 - 4

Exceptions to the Rules in Articles 50-57 (Article 60)
GR: follow articles 50-57
Except: cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories

Addl Penalty Imposed upon Certain Accessories (Art. 58)
3 of Article 19 (harboring, concealing, assisting) if they should act with abuse of public functions PAD (grave felony), or TAD
(less grave felony)

Rules on Penalty to be Imposed upon Principals when Crime Committed is Different from that Intended (Art.49)
Page 16 of 22
If penalty for felony committed is different from that of intended felony: whichever is lower to be imposed in its maximum
period.
If acts committed also constitute attempt or frustration of another crime, if the law prescribes a higher penalty for either
attempt or frustration of that other crime: penalty provided for attempted or frustrated crime shall be imposed in its maximum
period

Penalty to be Imposed in Impossible Crimes (Article 59)
arresto mayor or a fine from P200-P500
having in mind the social danger and the degree of criminality shown by the offender

GRADUATING PENALTIES

Rules for Graduating Penalties (Rule 61)
For graduating penalties which, according to articles 50 to 57, are to be imposed upon principals of any frustrated or attempted
felony, or as accomplices or accessories:
Penalty Next Lower in Degree
Single and indivisible That immediately following the indivisible
penalty in graduated scale (article 71)
2 indivisible penalties, or 1 or
more divisible penalties to be
imposed to their full extent
That immediately following the lesser of
the penalties prescribed in graduated
scale (article 71)
1 or 2 indivisible penalties &
maximum period of another
divisible penalty
Medium & minimum periods of the
proper divisible penalty and maximum
period of that immediately following in
graduated scale (article 71)
Several periods,
corresponding to different
divisible penalties
Period immediately following minimum
prescribed and of the 2 next following,
which shall be taken from the penalty
prescribed, if possible; otherwise from the
penalty immediately following in
graduated scale (article 71)
When the law prescribes a penalty for a crime in some manner not
especially provided for in the 4 preceding rules, the courts, proceeding by
analogy, shall impose corresponding penalties upon those guilty as
principals of the frustrated felony, or of attempt to commit the same, and
upon accomplices and accessories

Scale for Graduating Penalties (Article 71)
Where law prescribes a penalty lower/higher by 1 or more degrees than another given penalty, the rules prescribed in art. 61
shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.
Applicable graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute
disqualification,
2. Temporary absolute
disqualification
3. Suspension from public office,
right to vote and be voted for,
right to follow a profession or
calling,
4. Public censure,
5. Fine.

DEATH PENALTY

GR: death penalty shall be imposed in all cases in which it must be imposed under existing laws (Article 47)
Exceptions:
1. when guilty person is below 18 at the time of commission of the crime
2. when the guilty person is more than 70
3. when upon appeal or automatic review of the case by the SC, required majority vote is not obtained for the imposition of the
death penalty, in which cases the penalty shall be reclusion perpetua
4. when the death penalty is by operation of law when the crime is not a heinous crime nor a crime for which death is expressly
prescribed
COMPLEX CRIMES

Complex Crime (Article 48)
Compound Crime (delito compuesto) when a single act constitutes two or more grave or less grave felonies
Complex Crime Proper (delito complejo) when an offense is a necessary means for committing the other

Penalty for Complex Crimes (Article 48)
penalty for the most serious crime shall be imposed, the same to be applied in its maximum period

Compound Crimes
Page 17 of 22
(a) 2 or more grave felonies; (b) 2 or more less grave felonies, or (c) 1 grave felony and 1 less grave felony
If a light felony results, it is treated as a separate offense
Basis: singularity of the act

Complex Crime Proper
Offense is necessary to commit another offense
First offense is committed to insure and facilitate commission of next crime
Does not include: (a) crime to conceal another; (b) crime which is an element of the other; (c) crime which has the same element
as the other crime committed (e.g. estafa and falsification of private documents one and the same damage cannot bring about
2 crimes)
It is a condition precedent that there is only 1 information

RULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO THE MITIGATING AND AGGRAVATING CIRCUMSTANCES, AND HABITUAL DELINQUENCY

Aggravating Circumstances not Taken into Consideration in Increasing the Penalty (Article 62)
5. Those which in themselves constitute a crime specially punishable by law or
6. Those which are included by the law in defining a crime and prescribing the penalty therefore
7. Those which are inherent in the crime

Special Rules on Certain Aggravating Circumstances (Article 62)
Article 62 Penalty to be Imposed
If advantage was taken by the offender of
his public position
Maximum regardless of
mitigating circumstances
If committed by any person who belongs to
an organized/syndicated crime group
(group of 2 or more persons collaborating,
confederating or mutually helping one
another for purposes of gain in the
commission of any crime)
Maximum penalty

Modifying Circumstances Applicable only to Certain Offenders (Aggravating/Mitigating) (Article 62)
Moral attributes of offender, or
private relations with offended
party, or other personal cause
only those principals, accomplices
and accessories as to whom such
circumstances are attendant
Material execution of the act, or
means employed to accomplish it
only those who had knowledge of
them at the time of the execution
of the act or their cooperation
therein

HABITUAL DELINQUENCY

Habitual Delinquent (Article 62)
if within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical
injuries, robo, hurto estafa or falsification, he is found guilty of any of said crimes a third time or oftener

Effects of Habitual Delinquency (Article 62)
Upon 3
rd

conviction
penalty for the last crime of which he be found guilty +
additional penalty of prision correccional in its medium
and maximum periods
Upon 4
th

conviction
penalty provided for the last crime of which he be found
guilty + additional penalty of prision mayor in its
minimum and medium periods
Upon 5
th
or
additional
conviction
penalty provided for the last crime of which he be found
guilty + additional penalty of prision mayor in its
maximum period to reclusion temporal in its minimum
period

Limitation of Penalty in Habitual Delinquency (Article 62)
total of 2 penalties to be imposed not to exceed 30 years

INDIVISIBLE PENALTIES

Application of Indivisible Penalties (Article 63)
Single indivisible penalty applied regardless of any
mitigating or aggravating
circumstances
Penalty composed of 2 indivisible
penalties
a) 1 aggravating
b) No mitigating nor aggravating
c) Some mitigating, no aggravating
d) Both mitigating and aggravating

greater penalty
lesser penalty
lesser penalty
offset; then apply letters a-c

Page 18 of 22
PENALTIES WHICH CONTAIN 3 PERIODS

Application of Penalties Containing 3 Periods (Article 64) whether it be a single divisible penalty or composed of 3 different
penalties, each one of which forms a period in accordance with articles 76 & 77:
No aggravating nor
mitigating
penalty prescribed by law in its medium period
Only 1 mitigating penalty in its minimum period
Only 1 aggravating penalty in its maximum period
Both mitigating and
aggravating
offset those of one class against the other
according to their relative weight
2 or more mitigating
and no aggravating
penalty next lower to that prescribed by law, in
the period that it may deem applicable,
according to the number and nature of such
circumstances
Whatever may be
the number and
nature of the
aggravating
courts shall not impose a greater penalty than
that prescribed by law, in its maximum period
Within limits of each
period
courts shall determine the extent of the penalty
according to the number and nature of the
aggravating and mitigating and the greater or
lesser extent of the evil produced by the crime

PENALTY WHICH IS NOT COMPOSED OF 3 PERIODS

Penalty is not composed of three periods (Article 65)
courts shall apply rules contained in foregoing articles, dividing into 3 equal portions of time included in the penalty prescribed,
and forming 1 period of each of the 3 portions

IMPOSITION OF FINES

Imposition of fines (Article 66)
any amount within the limits established by law
consider not only mitigating & aggravating circumstances, but also the wealth or means of the culprit

Penalty in Incomplete Accident in Article 12(4) (Article 67)
if grave felony arresto mayor in its maximum period to prision
correccional in its minimum period
if less grave felony arresto mayor in its minimum and medium periods

Penalty to be imposed upon Minor (Article 68)
under 15 but over
9, who acted with
discernment
discretionary penalty, but always lower by 2
degrees at least than that prescribed by law for the
crime which he committed
over 15 and under
18
penalty next lower than that prescribed by law shall
be imposed, but always in the proper period

Penalty to be imposed when the crime committed is not wholly excusable under Articles 11 and 12 (Article 69)
majority of such conditions be present penalty lower by 1 or 2 degrees than that prescribed by law
courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions
of exemption present or lacking

SUCCESSIVE SERVICE OF SENTENCE AND THREE FOLD RULE

Simultaneous Service of Sentences (Article 70)
GR: when culprit has to serve 2 or more penalties, he shall serve them simultaneously if nature of penalties will so permit
Except if not possible thus successive service required

Rules for Successive Service & 3 Fold Rule
order of severity shall be followed
maximum duration whichever is lower: 40 years, or threefold the length of time corresponding to the MOST SEVERE of the
penalties imposed upon him
no other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum
period
duration of perpetual penalties (penal perpetua): 30 years

Scale according to Severity

Death,
Reclusion perpetua,
Reclusion temporal,
Prision mayor,
Prision correccional,
Page 19 of 22
Arresto mayor,
Arresto menor,
Destierro,
Perpetual absolute disqualification,
Temporary absolute disqualification.
Suspension from public office, the right to vote and be voted for, right to follow a profession or calling, and
Public censure.

Preference in Payment of Civil Liabilities (Article 72)
1 person, 2 or more offenses chronological order of the dates of the final judgments rendered against him, beginning with the
first in order of time.
PROVISIONS COMMON TO THE LAST TWO
PRECEDING SECTIONS

Certain Common Provisions (Articles 73-74, 76)
Presumption that accessory penalty is imposed with the principal penalty (Articles 40, 41, 42, 43, 44, and 45)
If law prescribes penalty higher than reclusion perpetua the same penalty (reclusion perpetua) and the accessory penalties of
article 40 (PAD and civil interdiction during 30 years following the date of sentence), shall be considered as the next higher
penalty
Legal period of duration of divisible penalties considered as divided into 3 parts, forming 3 periods: minimum, medium, and
maximum

Increasing or Reducing Penalty of Fine (Article 75)
Fines with fixed amount: increased or reduced for each degree, by of the maximum amount prescribed by law, without
changing the minimum.
Fines that do not consist of a fixed amount, but are made proportional same rules

Complex Penalty Composed of 3 Distinct Penalties (art.77)
each penalty shall form a period; the lightest of them shall be the minimum, the next the medium, and the most severe the
maximum period.
whenever the penalty prescribed does not have one of the forms specially provided for, the periods shall be distributed,
applying for analogy the prescribed rules.

EXECUTION AND SERVICE OF PENALTIES

GENERAL PROVISIONS

General Principles
No penalty shall be executed
except by virtue of a final judgment (Article 78)
A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents
than those expressly authorized (Article 78)

Suspension of execution and service: Insanity (Article 79)
If after final sentence has been pronounced or while serving sentence execution of sentence suspended only with regard to
personal penalty, and convict to be committed (see Article 12(1))
if convict recovers his reason sentence shall be executed, unless the penalty shall have prescribed

EXECUTION OF PRINCIPAL PENALTIES

Death Penalty

death by lethal injection
court: designate working day for execution, but not hour
designation: not communicated to offender before sunrise of said day, and execution takes place after expiration of at least 8
hours following notification, but before sunset.

Suspension of Execution of Death Sentence (Article 83)
woman while pregnant or within 1 year after delivery
any person over 70 commuted to reclusion perpetua with accessory penalty in article 40 (PAD and civil interdiction during 30
years following the date of sentence)

Place of Execution (Article 84)
penitentiary of Bilibid in a space closed to the public view
witnessed only by assisting priests, his lawyers, and by his relatives, not exceeding 6, if he requests, by the physician and
necessary personnel of penal establishment, and by such persons as Director of Prisons may authorize

Burial (Article 85)
GR: corpse turned over to institute of learning or scientific research first applying for it (study and investigation)
Page 20 of 22
except if claimed by his family
Requisite: institute shall take charge of the decent burial
Otherwise, Director of Prisons shall order the burial at govt expense, granting permission to be present thereat to the
members of the family of the culprit and the friends of the latter

Execution and Service of Penalties
RP, RT, PM, PC,
AMayor
(Article 86)
places and penal establishments provided by
Administrative Code in force or which may be
provided by law in the future
Destierro
(Article 87)
Prohibition to enter place(s) designated nor within
radius specified (not more than 250 and not less than
25km from the place designated)
Arresto menor
(Article 88)
Municipal jail, or house of the defendant himself
under the surveillance of an officer of the law
* when court so provides in its decision (considering
health of the offender and other reasons which may
seem satisfactory to it)

EXTINCTION OF CRIMINAL LIABILITY

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Total Extinction (Article 89)
1. Death of the convict, as to the personal penalties; and as to pecuniary penalties, liability is extinguished only when the death
occurs before final judgment.
2. Service of the sentence.
3. Amnesty
4. Absolute pardon.
5. Prescription of the crime.
6. Prescription of the penalty.
7. Marriage of the offended woman (Article 344)

Prescription of crime and penalty (Article 90)
Penalty Crime Penalty
Death, RP 20 years 20 years
RT 20 years 15 years
Afflictive 15 years 15 years
Correctional 10 years 10 years
Arresto mayor 5 years 5 years
Libel or similar offenses 1 year
Oral defamation and slander by deed 6 months
Light offenses 2 months 1 year
If compound one penalty, the highest penalty shall be made the basis of
the application of these rules

Computation of prescription of offenses and penalties
Offenses
(Article 91)
Penalties
(Article 93)
Commences
to run
from day on which crime is
discovered by offended
party, authorities, or their
agents
from the date when the
culprit should evade the
service of his sentence
Interrupted
by
(a) filing of the complaint or
information
(b) when offender is absent
from the Philippine
Archipelago
(a) if defendant should
give himself up,
(b) be captured,
(c) should go to some
foreign country with
which RP has no
extradition treaty, or
(d) should commit
another crime before
expiration of the period
of prescription
Runs again proceedings terminate
without accused being
convicted or acquitted, or
are unjustifiably stopped for
any reason not imputable to
him

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Partial Extinction of criminal liability (Article 94)
1. Conditional pardon;
2. Commutation of the sentence; and
Page 21 of 22
3. Good conduct allowances which the culprit may earn while he is serving his sentence.

Conditional Pardon (Article 95)
Obligation: comply strictly with conditions imposed
Non-compliance revocation of the pardon and commission of other cases of evasion of service of sentence (Article 159).

Effect of commutation of sentence (Article 96)
commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the
latter in the place of the former

Allowance for good conduct (Article 95) for each month of good behavior, there are the corresponding deductions
1. During first 2 years of imprisonment 5 days
2. During 3
rd
to 5
th
year 8 days
3. During 6
th
to 10
th
10
4. 11
th
and successive years 15 days

Special time allowance for loyalty (Article 98)
Special time allowance: deduction of 1/5 of the period of his sentence
Granted to: any prisoner who, having evaded the service of his sentence under the circumstances in article 158, gives himself up
to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or
catastrophe

Grantor of Allowances (Article 99)
Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall
not be revoked.

CIVIL LIABILITY

PERSONS CIVILLY LIABLE FOR FELONIES

Basic Principle
Every person criminally liable for a felony is also civilly liable (Article 100)

Rules regarding civil liability in certain cases (Article 101)
Rules on Civil Liability
Article 12(1), (2) &
(3): Insanity,
Imbecility
Minority
(1) those having such person under their legal
authority or control, unless it appears that there
was no fault or negligence on their part
(2) should there be no person having such under his
authority, legal guardianship, or control or if such
person be insolvent, said insane, imbecile, or minor
shall respond with their own property, excepting
property exempt from execution
Article 11(4) State
of Necessity
* persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the
benefit which they may have received.
* courts shall determine the proportionate amount
for which each one shall be liable
* indemnification shall be made in the manner
prescribed by special laws or regulations when
respective shares cannot be equitably determined,
or liability also attaches to Govt, or to majority of
the inhabitants of town, and, in all events,
whenever the damage has been caused with the
consent of the authorities or their agents
Art. 12(5), (6):
Irresistible Force
and
Uncontrollable
Fear
* Primarily liable: persons using violence or causing
the fear
* Secondarily, or, if there be no such persons, those
doing the act shall be liable, saving always to the
latter that part of their property exempt from
execution.

Subsidiary civil liability of innkeepers, tavern-keepers and proprietors of establishments (Article 102)
In default of the persons criminally liable, they shall be civilly liable for crimes committed in their establishments, in all cases
where a violation of municipal ordinances or some general/special police regulation shall have been committed by them or their
employees.
Subsidiary liability restitution of goods taken by robbery or theft, or for the payment of the value thereof, provided that such
guests shall have notified in advance the innkeeper himself, or the person representing him and followed directions given for the
care of and vigilance over such goods.
No liability: robbery with violence against or intimidation of persons unless committed by innkeepers employees.

Subsidiary civil liability of other persons (Article 103)
Page 22 of 22
shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by
their servants, pupils, workmen, apprentices, or employees in the discharge of their duties

WHAT CIVIL LIABILITY INCLUDES

What is included in civil liability (Article 104)
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Restitution (Article 105)
restitution whenever possible, with allowance for any deterioration, or diminution of value
thing itself shall be restored, even if found in possession of 3
rd
person who has acquired it by lawful means, saving to the latter
his action against the proper person
except: thing has been acquired in the manner and under requirements which, by law, bar an action for its recovery

Reparation (Article 106)
court shall determine the amount of damage (price of the thing and its special sentimental value)

Indemnification (Article 107)
those caused the injured party and those suffered by his family or by a third person by reason of the crime

Obligation Devolves Upon (Articles 108)
heirs of the person liable obligation to make restoration or reparation for damages and indemnification for consequential
damages
heirs of the person injured action to demand restoration, reparation, and indemnification

Certain Rules (Articles 109-110)
if 2 or more are civilly liable for a felony, the courts shall determine the amount for which each must respond
principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among
themselves for their quotas, and subsidiarily for those of the other persons liable: (1) principals; (2) accomplices, and, (3)
accessories.
Right of reimbursement whenever the liability in solidum or subsidiary liability has been enforced, person by whom payment
has been made shall have a right of action against the others for the amount of respective shares.
Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount
equivalent to the extent of such participation (Article 111)

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Extinction of civil liability (Article 112)
extinguished in the same manner as other obligations, in accordance with the provisions of the Civil Law

Obligation to satisfy civil liability (Article 113)
Except in case of extinction of his civil liability, the offender shall continue to be obliged to satisfy the civil liability resulting from
the crime committed by him
Notwithstanding:
1) service of sentence consisting of deprivation of liberty or other rights, or
2) convict not required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason

Criminal Law (Memory Aid)

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Criminal Law (Memory Aid)

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Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 1)

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